ELR Citation: ELR 20266
No(s). 81-3111 (9th Cir. Dec 17, 1984)

The court holds en banc that it lacks jurisdiction to review summary judgment rulings on two claims in an Indian fishing rights case, one because the district court did not properly certify it as a final judgment and the other because it was not in fact a final judgment. The trial court completely disposed of the first claim, but so long as other issues in the suit remain, the disposition may not be reviewed unless it qualifies as a final judgment under Federal Rule of Civil Procedure (FRCP) 54(a). To qualify, the district court must have expressly found that there is no just reason to delay judgment and must expressly direct judgment to be entered. The district court's mere statement that it's judgment "constitutes a final declaratory judgment and is reviewable at such" does not satisfy FRCP 54(b)'s requirements.

On the second claim, the district court gave only partial summary judgment, and despite its declaration the ruling constituted a final declaratory judgment, that is not enough to allow appeal. The court clearly contemplated further proceedings on relief under the claim, so the ruling cannot be reviewed as a final judgment. Neither does it qualify for review as an interlocutory order.

A concurring opinion cautions against establishing an overly restrictive standard for the entry of an appealable declaratory judgment. An extensive dissent argues that the rulings on both claims are reviewable as final declaratory judgments, that the majority employs the wrong analyses to decide whether the rulings are appealable, and that in so doing, the majority casts a cloud over the entire declaratory judgment process.

[The Ninth Circuit's previous rulings in the case appear at 13 ELR 20126 & 20441.]

Counsel for Appellants
Edward Mackie, Deputy Attorney General
Temple of Justice, Olympia WA 98504
(206) 753-2550

Counsel for Appellees
William A. White
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2639

Before BROWNING, SNEED, KENNEDY, ANDERSON, SKOPIL, SCHROEDER, ALARCON, POOLE, FERGUSON, NELSON, and NORRIS, Circuit Judges.

BROWNING, SKOPIL, SCHROEDER, FERGUSON, and POOLE, Circuit Judges, concur.